Talbot v. Barager
Supreme Court of Minnesota
Plaintiff brought this action in the district court for Rice county, to restrain the defendants from enforcing a judgment rendered in an action to enforce a mechanic’s lien. The action was submitted to the court, Buckham, J., presiding, upon an agreed statement of facts, and judgment was directed for plaintiff. From this judgment the defendants appeal.
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Plaintiff brought this action in the district court for Rice county, to restrain the defendants from enforcing a judgment rendered in an action to enforce a mechanic’s lien. The action was submitted to the court, Buckham, J., presiding, upon an agreed statement of facts, and judgment was directed for plaintiff. From this judgment the defendants appeal. The facts agreed upon are as follows, viz.: One Cochran was the owner of a tract of land containing 92 acres, upon which he lived with his family, from 1876 until May 26, 1885. On December 18, 1879, Cochran and wife duly mortgaged this land to…
1Opinion of the Court
VaNderburgh, J.1'
When the judgment in favor of Barager against Cochran was rendered, the latter was in possession of 92 acres of land lying in one body, 80 acres of which he was entitled to claim as his homestead. Prior to the entry of the judgment, the entire tract had been mortgaged by Cochran to one Eichardson, who was not a *210party to the action in which the judgment was obtained, and which action was to enforce a mechanic’s lien for labor and materials furnished in erecting a building upon the land, under a contract with Cochran, which lien antedated the mortgage. The plaintiff is the…
2Cases cited4 opinions
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- Coles v. YorksSupreme Court of Minnesota · 1883
- North Star Iron Works Co. v. StrongSupreme Court of Minnesota · 1884
- Coles v. YorksSupreme Court of Minnesota · 1887
3Cited by1 opinion
- Stammers v. LarsonSupreme Court of Minnesota · 1919